Shipping and Returns
Shipping and Returns
All BudayaLife.com online orders are processed within 72 hours of receipt. Our standard shipping service is our choice of any shipping provider we select. Generally we use USPS and UPS.
Please note that shipping time begins on the date we ship your order out. So if we receive your order on Monday and ship it on Wednesday, the time it takes to get to you starts on Wednesday, not Monday.
Domestic US delivery times will vary depending on the shipping method you choose during checkout.
- Priority / First Class / Standard / Free Shipping (3 -14 business days)
- Priority Expedited (1-7 business days)
International delivery times:
- Priority / First Class / Standard / Free Shipping (7 – 30 business days)
- Priority Expedited (2 -14 business days)
International shipping is available and rates are provided via our checkout process. Should you need additional information please email: love @ budayalife.com for details.
*International – It’s up to you to stay current with your country’s laws and regulations. Due to the ever changing political climate we do not warranty, guarantee or offer any kind of refund or exchange on international orders.
Thanks for shopping at BudayaLife.com.
If you are not entirely satisfied with your purchase, we’re here to help.
* In the event we made a mistake and sent you the wrong item, THERE WILL BE NO RETURN SHIPPING OR RESTOCKING CHARGES ASSESSED. Contact us immediately to make things right! love @ budaya life.com
As we make every effort to ensure your happiness and that you receive exactly what you ordered, sometimes changes of heart or mistakes happen. Our return policy is here to address those unfortunate circumstances.
After receipt you have 7 calendar days to return an item from the date you received it.
To be eligible for a return:
- First contact us at: love @ budayalife.com to obtain authorization and our product return address
- Your item must be unused and in the same condition that you received it.
- Your item must be in the original packaging.
- Your item needs to have the receipt or proof of purchase.
Also note for returns:
- You will be required to pay for return shipping
- Shipping costs are non-refundable
- Donations are non-refundable
- There is a restocking fee
Please note that there is a 20% restocking fee associated with all returns. This means that if your item cost $20.00 you would receive a $16.00 refund.
For your protection and to ensure prompt delivery, we recommend that you send your return via FedEx, UPS or insured Parcel Post. We’re sorry, return shipping fees are not reimbursable.
After we receive and process your returned item, refunds and or credits are issued within 15 business.
Business days are Monday-Friday, excluding federal holidays within the United States.
In the event we made a mistake and sent you the wrong item, THERE WILL BE NO RETURN SHIPPING OR RESTOCKING CHARGES ASSESSED.
WHO WE ARE
Our website address is: https://www.budayalife.com. Everything we do, and the data we collect, is in pursuit of giving you a better online jewelry shopping experience with personalized products, services and offers.
We respect your privacy and choices. You can opt-out at any time and we do not sell your data. We require partners to abide by the law and protect your information
We will continue to evolve and update our privacy and security practices because retaining your trust is important to us.
WHAT PERSONAL DATA WE COLLECT AND WHY WE COLLECT IT
Personal Information You Provide
When you create an account on the Budaya Life site, make purchases with us (online or in-store), join a loyalty program, enter a contest, share photograph, video or product reviews, call our Consumer Care Center, sign up to receive offers or email, we collect the information that you provide to us. This information includes Personal Information (information that can be used to identify you as an individual) such as your name, social media handle, email, telephone number, home address, and payment information (such as account or credit card number). If you use a chat feature on our Sites, we collect the information you share during the interaction. We also collect information about your beauty preference, your use of our Sites, demographic, and interests so that we can customize your beauty experiences.
If you use one of our virtual try on features, we may collect and store your image(s), for example, if you use social sharing to send your image to a friend or post it online or if you save it to your profile.
You may also be able to register and log in to our Sites or chat features using your social media account, such as Facebook or Google. These platforms may ask your permission to share certain information with us (e.g. name, gender, profile picture) and all information is shared subject to their privacy policies. You can control the information that we receive by changing your privacy settings offered by the relevant social media platform.
INFORMATION WE AUTOMATICALLY COLLECT
We collect some data automatically when you use our Sites. We may obtain information by automated means such as through cookies, pixels, web server logs, web beacons, and other technologies described below. Information collected via automated means include identifiers (e.g., IP address, device ID, cookie ID, mobile advertising identifier), internet or network activity (e.g., browsing and search history, interactions with our websites or applications).
WHY WE USE DATA
Everything we do, and the data we collect, is in pursuit of bringing beauty experiences to your life
We use data within the Budaya Life brands to communicate with you about our jewelry products, services, answer questions and create better experiences. We use data for tailored advertising and communications
We may combine information that we collect via one method (e.g., from a website, our digital advertising) with another method (e.g., an offline event). We do this to get a more complete view of your preferences for our jewelry products and services, which, in turn, allows us to serve you better and with more customization and better jewelry products.
EMBEDDED CONTENT FROM OTHER WEBSITES
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. After approval of your comment, your profile picture is visible to the public in the context of your comment.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
The cookies on our site will ensure that:
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
These are the types of cookies to monitor we use on our website:
Essential Cookies. These cookies are essential for the website to function or provide access to features and functionality on the website. They are usually set in response to actions requesting services, such as setting your privacy preferences, logging in, or filling in forms. They also enable enhanced website functionality and personalization. These cookies (or similar technologies) are essential for the website to function, provide access to features and functionality on the website, and cannot be switched off. They are usually set in response to actions requesting services, such as setting your privacy preferences, logging in or filling in forms. These are also used in connection with website functionality, like web chat services, product recommendations, predictive sort, product search, and commenting and rating systems. Providers of these services may use their own analytics cookies (or similar technologies) to measure performance of these services. You may be able to use your browser’s settings to block or alert you about these cookies, but some parts of the site may not work properly.
Marketing Cookies: These cookies may be set through our site by our advertising partners, who use this information to build a profile of your interests to show you relevant adverts (for us or other advertisers) on other sites or to other devices connected to you (cross-device advertising).
Mobile Services/Apps: Certain of our mobile apps and tools offer opt–in, geo–location services and push notifications. Geo-location services provide location–based content and services, such as store locators, local weather, promotional offers and other personalized content. Push notifications can include discounts, reminders or details about local events or promotions. Most mobile devices allow you to turn off location services or push notifications. If you consent to location services, we will collect information about the Wi–fi routers closest to you and the cell IDs of the towers closest to you to provide location–based content and services.
In-Store Analytics: We may use certain in-store wireless services (such as Wi-Fi networks and Bluetooth beacons) to automatically information about visitors to our stores. Our Wi-Fi routers capture certain data from mobile devices that interact with the router, including information about your mobile device (such as a MAC Address and signal strength data). Bluetooth beacons are small devices that broadcast a Bluetooth signal to map nearby Bluetooth-enabled mobile devices. We may use the data collected from these in-stores wireless services to provide operational insights such as foot traffic volumes and how customers move through our stores.
Pixels: In some of our email messages, we use click through URLs that will bring you to content on our sites. We also use pixel tags to understand whether our emails are read or opened. We use learning from this information to improve our messages, reduce frequency of messages to you or determine interest in content we share.
Information from Third Parties: We receive information from third party partners, such as publishers that run our advertising, and retailers who feature our products. This information includes marketing and demographic data, analytics information, and offline records. We may also receive information from other companies that collect or aggregate information from publicly available databases or if you consented to allow them to use and share your information. This might be de-identified information about purchasing patterns, location of shoppers and sites that are of interest to our consumers.
HOW LONG WE RETAIN YOUR DATA
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
WHAT RIGHTS YOU HAVE OVER YOUR DATA
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
HOW WE SHARE INFORMATION
We will not sell your Personal Information to third parties:
Third Parties Providing Services On Our Behalf: We share information with third party service providers i.e Liquid Web fulfilling the above purposes on our behalf, including service providers that host or assist with technical operation of our Sites, information technology vendors that provide information technology services; analytics, and research vendors; fraud prevention, legal, compliance, and risk management vendors; order processing fulfillment vendors who process orders, transactions and payments, provide customer service, loyalty program administration, and redemption services; marketing and advertising vendors, social media, or other third parties that participate in or administer our promotions, contests, sweepstakes, surveys or provide marketing or promotional assistance. We may also share information with third parties to help us identify your online preferences, including the ads with which you interact. This data may be matched with information that we process about you to provide a better experience using our websites and products. These third parties are not permitted to use Personal Information for their own independent marketing or business purposes. We may also share non-identifying information, such as aggregate statistics or usage information, with third parties.
Categories of Information shared include identifiers, internet or network activity, geolocation data, purchasing information, protected classifications, professional or employment-related information, audio-visual information, geolocation information, payment information, and inferences generated from the foregoing categories of information.
YOUR PRIVACY RIGHTS, YOUR CHOICES
You may change your preferences and unsubscribe from email services from our brands by: (i) modifying your registered user information on the Sites; (ii) sending us an e–mail to the email address listed in Contact Us located at the end of this notice; or (iii) following the unsubscribe instructions in the communication that you receive.
In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Sites. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
We will retain your Personal Information for as long as your account is active or as needed to provide you services and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to cancel your account or request that we no longer use your Personal Information to provide you services, contact us via one of the methods listed in Contact Us located at the end of this Privacy Notice. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Google. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.
COOKIES; INTEREST-BASED ADVERTISING
If you would prefer not to accept cookies, you can manage your cookie preferences by clicking on the “Cookie Settings” button located on the bottom of the website homepage. You cannot disable essential cookies. We use certain analytics services, such as Google Analytics, to gather information about our site visits or mobile app usage.
You can also change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically reject any cookies. However, please be aware that some features and services on our Sites may not work properly because we may not be able to recognize and associate you with your account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
We use third party companies to serve advertisements, measure the performance and engagement with our ads, provide analytic, preference, and interest information. In some instances, these ad network providers, social platforms, sponsors, and/or analytics service providers may use their own tracking technology to capture information about your device, use and engagement online. These third parties include but not limited to Facebook and Google Pixel.
We may recognize your information across different devices that you use or log in from (i.e. computers or mobile devices.) We may recognize that one cookie ID (i.e. from a computer) may be connected to another device (i.e. smart phone) by the device ID or log in. This may result in you searching for one of our products on one device but seeing an ad later for that product on another device. By knowing what devices are being used by a person or household helps us limit the number of times you may see the same ad across different devices. We may also combine information we collect from your devices with other information we have about you, such as your account information, services, transaction history, and interaction with our sites.
Some social networks (i.e. Facebook), allow you to exercise ad choices, limit data collection and clear your history on that platform as well. For your convenience we have provided the links to some of the social networks:
Facebook – coming soon!
Instagram – coming soon!
Google – coming soon!
TEXT/SMS MESSAGE CONSENT AND OPT-OUT
If you choose, you can provide your mobile phone number to receive text message alerts from our stores or sites to receive product and/or event information, tips or promotions. You agree that by providing your mobile phone number you expressly consent to receive automated marketing text messages from us to the mobile phone number provided. Consent is not required to purchase goods or services. Message and data rates will apply and you should check the rates of your mobile carrier.
We may share your mobile phone number with service providers with whom we contract to assist us with the above activities, but we will not share your mobile phone number with third parties for their own marketing purposes without your consent. Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery. Depending on the recipient’s mobile carrier, it may not be possible to transmit the text message to the recipient successfully; nor is content available on all carriers. We do not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.
FLORIDA INFORMATION PROTECTION ACT RIGHTS:
The Florida Information Protection Act 2014 (FIPA) provides Florida residents with specific rights regarding their personal information. This section describes your rights and how you can submit your request to us. We do not sell personal information.
Access to Information
You have the right to request that we disclose information about our collection and use of your personal information over the past 12 months, including:
Categories of personal information we collected
Categories of sources for the personal information we collected
Our business purpose for collecting personal information
The categories of third parties with whom we share that personal information
The specific personal information we collected about you
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny a deletion request where retaining the information is necessary for us or our service providers. For example, data may need to be kept to:
Complete a sales transaction for which we collected the personal information (such as the sale of our beauty products to you)
Track consumer complaints or product issues
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity
Comply with a legal obligation
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us
Submitting a Request
Only you or a person registered with the Florida Secretary of State that you authorize to act on your behalf, may make a request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of a California resident who wishes to make a request.
We may not be able to respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will ask you for the email information that you used to interact with us or sign up for a loyalty, email or to make purchases along with other information you submit (such as contact information like name, address, phone number) and the information we have in our systems, to help verify your identity or authority to make the request and confirm that your information is in our system. Information provided to submit a request will only be used for request purposes.
You may designate an agent to submit requests on your behalf. We will need the agent to provide us with your signed permission to act on your behalf. We may also require you to verify your identity with us directly and confirm that you provided the agent permission to submit the request on your behalf.
We will endeavor to respond to a verified consumer request within 45 days. If we require more time, we will inform you of the reason and extension in writing.
We do not charge a fee to process or respond to a verified consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will provide explanation and a cost estimate prior to completing the request.
You may only make a request for access or data portability twice within a 12-month period.
We will not discriminate against you for exercising any of your FIPA or GDPR rights.
Under the laws of several states, Website and online service operators are required to disclose how they respond to web browser “do not track” signals. Budaya does not currently take actions to respond to Do Not Track signals as a uniform standard for such response has not yet been established.
Website and online service operators in several states are required to disclose whether third parties may collect personal information about their users’ online activities over time and across different sites when the users use the operator’s website or service. Third parties that have content or services on our Sites such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits.
Minors between 13 years of age and the age of majority in their state must ask their parent or guardian for permission to use any Budaya properties. For Budaya brands offering e-commerce, you may only make purchases if you are 18 years of age or older, or the age of majority in your jurisdiction of residence.
SECURITY OF YOUR INFORMATION
Budaya maintains reasonable safeguards to protect Personal Information against loss, unauthorized use, disclosure or destruction and when transferring information for processing and requires third parties providing services on our behalf to do the same. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us.
The Sites may contain links to third party sites that are not owned or operated by Budaya Life. This includes links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co–branding or co–marketing agreement.
We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies or other tracking technologies to your device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies.
You should also independently assess the authenticity of any site which appears or claims that it is one of our Sites (including those linked to through an email or social networking page). The Sites may make available chat rooms, forums, message boards, and news groups. Remember that any information that you disclose in these areas becomes public information and is not subject to the provisions of this Privacy and Cookie Notice.
CONSENT TO PROCESSING OF INFORMATION IN THE UNITED STATES AND OTHER JURISDICTIONS
The Sites are governed by and operated in, and in accordance with the laws of, the United States. Country or region-specific web sites will be available for Budaya Life brands and products around the world. Budaya Life makes no representation that the Sites are governed by or operated in accordance with the laws of any other nation.
Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States.
By using the Sites, or providing us with any information, you (a) acknowledge that the Sites are subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
CHANGES AND POLICY UPDATES
If you have any questions about Privacy, please contact us at:
SEF Ventures LLC
7491 N. Federal Hwy, Ste C-5 #221
Boca Raton FL 33487
privacy AT budayalife.com
Terms of Service
TERMS OF SERVICE FOR SEF VENTURES LLC FOR DBA BUDAYA
1. ACKNOWLEDGEMENT AND ACCEPTANCEOF TERMS OF SERVICE
The DBA Budaya (“Service”) is owned and operated by SEF Ventures LLC as a woocommerce based website, and provided to you (“User”) under the terms and conditions of this Terms of Service. Please read carefully these website terms of service which govern your access to and use of the website.
By accessing or using or purchasing something from this website, you and the entity you are authorized to represent signify your agreement to be bound by these terms of service and supersedes all prior agreements between the parties regarding the subject matter contained herein.
2. DESCRIPTIONOF SERVICES
2.1 ONLINE STORE TERMS
Budaya is providing the user with the capability to shop, buy and order jewelry from our online store available at www.budayalife.com. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state/town of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use any of our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must also not transmit any viruses or any code of a destructive nature.
In consideration for this Service, User agrees to:
(1) provide certain current, complete and accurate information about User as prompted to do so by the Service and
(2) maintain and update this information as required to keep it current, complete and accurate. All information requested through the original sign-up process shall be referred to as registration data (“Registration Data”).
A breach or violation of any of these Terms will result in an immediate termination of your Services.
2.2 GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. The user understands that their content (not including credit card information), may be transferred unencrypted and involve:
Transmissions over various networks; and
Changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks. User agrees not to reproduce, duplicate, copy, sell, exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
3. MODIFICATIONS TO TERMS OF SERVICE
Budaya may, without the consent of the User, amend or modify the terms and conditions of the TOS at any time and from time to time, effective upon posting of the modified Policy to this URL: https://www.budayalife.com/termsofservice.pdf and notifying the registered users of any material change in the terms through email email@example.com. Any new features or tools which are added to the current website shall also be subject to the Terms of Service
User is responsible to
(i) regularly visit Budaya’s website to obtain timely notice of any such amendments and/or
(ii) review the most-current version of the TOS. The User’s continued use of the Service constitutes an affirmative acknowledgement by User of the TOS and its modifications; and an agreement by the User to abide and be bound by the TOS and its modifications to the extent allowed by applicable law.
5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made on our site is not accurate, complete, current. The material on this website is provided for general information only and should be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
6. MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. LICENSE, LOGON ID AND PASSWORD
User hereby expressly acknowledges and agrees that it is being granted a nonexclusive revocable license to use the Service. In furtherance thereof, when User signs up for the Service, User will receive an initial logon identification number and password through which User will conduct its use of the Service.
User will use the logon identification number to access the web site and create and modify all User proposal information managed by the web site. The logon identification number is for the exclusive use of the User and may not be shared with or disclosed to any other person or entity.
User is solely responsible to maintain the confidentiality of the logon identification number and password. User agrees to immediately notify Budaya of any unauthorized use of User’s account or any other breach of security known to User.
Users can acess the website by creating an account or as guests.
8. PRODUCTS OR SERVICES (IF APPLICABLE)
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
9. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
10. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
11. THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties since we will advertise on Facebook, Google or any other platform.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
12. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13. PERSONAL INFORMATION
14. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
15. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Budaya, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Budaya and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
20. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
21. NO RESALE OR COMMERCIALUSE OF THE SERVICE
User’s right to use the Service is personal to User. User may be an individual, a corporation, a university or other business entity. User agrees not to resell or make any commercial use of the Service without the express written consent of Budaya.
22. USER CONDUCT
User is solely responsible for the contents of User’s data within the Service. User’s use of the Service is subject to all applicable local, state, national and international laws and regulations.
(1) to comply with United States of America (“U.S.”) law regarding the transmission of technical data exported from the U.S. through the Service;
(2) not to use the Service for illegal or immoral purposes;
(3) not to interfere or disrupt the service or networks connected to the Service; and
(4) to comply with all regulations, policies and procedures of the Service and networks connected to the Service. User also agrees to abide by the terms and conditions of the Service’s Acceptable Use Policy which is published on the Service’s website.
The Service makes use of the Internet to send and receive certain data; therefore, User’s conduct is subject to Internet regulations, policies and procedures. User will not use the Service for junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
User shall not interfere with another User’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services.
Budaya may, at its sole discretion, immediately terminate Service should User’s conduct fail to conform to the terms and conditions of this TOS.
23. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States specifically those governing Palm Beach County, Florida.
This TOS embodies the entire understanding between the parties and there are no other agreements, representations, warranties or understandings, oral or written, between them with respect to the subject matter of this TOS. No alteration, modification or change of the TOS shall be valid and enforceable unless approved by Budaya in writing.
If any of the provisions of the TOS are held by a court of competent jurisdiction to be illegal, invalid, or unenforceable under any applicable law, then such contravention or invalidity shall not invalidate the entire agreement. Such provisions shall be deemed modified to the extent necessary to render it legal, valid and enforceable, and if no such modification shall render it legal, valid and enforceable, then this TOS shall be construed as if not containing the provision held to be invalid and the rights and obligations of the parties shall be construed and enforced accordingly with the other provisions remaining in full force and effect.
This Agreement shall not confer any rights or remedies upon any individual, partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, unincorporated organization, governmental entity (or any department, agency or political subdivision thereof) or any other or similar type of entity other than the parties hereto and their respective successors and permitted assignees.
User shall not assign any of its rights, duties or obligations nor delegate any of its obligations hereunder without the prior written consent of Budaya, which consent may be arbitrarily withheld. To the extent assignable, this TOS shall be binding upon and inure to the benefit of the parties hereto and their respective successors (including, specifically, any person or entity acquiring or otherwise succeeding to ownership of all or substantially all of the assets of any party hereto) and permitted assigns.
The paragraph titles and headings in this TOS are included for convenience of reference only and in no way modify or restrict any of the terms or provisions hereof, nor shall they be considered in the interpretation or construction of any provision in this TOS.
IN WITNESS WHEREOF, intending to be legally bound hereby, by visiting, using and purchasing goods from our website, the user agrees to be bound by our terms of service.